Frequently Asked Questions About The Public Charge Rule
What is the Public Charge rule?
The Public Charge rule permits USCIS to process applications based on an individual’s likelihood to receive public benefits during the petition period. More information about the Public Charge rule can be found in these two USCIS announcements below. If you have any questions or concerns on how this rule may impact you, please reach out to the legal team using the Communication Center.
DHS to Implement Inadmissibility on Public Charge Grounds Final Rule Nationwide
When does the Public Charge rule take effect?
The Public Charge rule at both the USCIS and Department of State went into effect on Monday, February 24th, 2020.
However, a nationwide injunction issued on July 29, 2020 suspended the Public Charge rule in all 50 states due to the COVID-19 pandemic. The injunction was later limited to New York, Connecticut and Vermont, and then put on hold in early September.
Following a September ruling from the Second Circuit Court of Appeals, USCIS has resumed implementation of the Public Charge Rule nationwide.
More information can be found in the below articles:
Public Charge Rule Can Move Ahead, Supreme Court Rules
UPDATED: Public Charge Rule Suspended Nationwide
USCIS Reinstates Public Charge Rule Nationwide
What filings that the legal team prepares are impacted?
Non-immigrant filings for temporary work authorization and the related dependent filings are impacted by this update. This would be I-129 and I-539 filings (H-1B, H-4; L-1 and L-2; etc.).
The application for the green card (I-485) for primary and dependent applicants is also impacted. USCIS now requires the Form I-944 to be included with I-485 filings; the DS-5540 must be included when applicants visit the consulate for their immigration processing. The ruling also applies to any consular cases, immigrant or non-immigrant.
How do I know if I’ve used public benefits?
If you click into the Envoy platform’s help text (indicated by a small gray ‘i‘ for information icon within the questionnaire), you will see a list of the qualifying benefits.
When clicking Yes to any question, each benefit will appear with additional help text and links to the related government websites. Please know that you can always change your Yes/No answers before submitting the case to GIA to review.
What qualifies as a household?
A household would include the primary applicant, their spouse, and any children under the age of 21. Please note that if an individual is not living in your physical household, however you are supporting them (like a child in college), they should still be considered as part of the household.
Will the information I provide in the new forms be shared with the IRS or other government entities?
DHS may share the information you provide on this declaration and any additional requested evidence with other Federal, state, local, and foreign government agencies and authorized organizations. More information about privacy matters can be found on the DHS website.
Does Medicare/Medicaid count as a benefit?
The following Medicaid enrollment categories do not count as a public benefit: Emergency Medicaid; Services provided under the Individuals with Disabilities Education Act; School-based services; Benefits received by individuals under age 21; and Benefits received by pregnant women. If you have received any other form of Medicare/Medicaid, then the attorneys will require these details to prepare any I-485, I-129, or I-539 case.
I received a stimulus check. Does this fall under a public benefit?
No, the stimulus check is considered a tax credit, and tax credits are not taken into account for the purpose of a public charge determination.
Who should complete the new forms?
For any non-immigrant primary cases (H-1B, TN, L, etc.), your employer will be responsible for reviewing and approving the related I-129 forms. If the legal team requires you to review any portion of the I-129, they will delegate those portions of the form to you.
For I-485 and I-539 (H-4, L-2, TD, etc.) filings, it is the employee’s responsibility to complete any new or updated forms associated with the Public Charge rule. The legal team will draft the updated forms and provide to you for final approval, and it will be up to the employee/applicant to complete.
What forms are needed for this case? What do I need to do?
For any non-immigrant primary cases (H-1B, TN, L, etc.), your employer will be responsible for reviewing and approving the related I-129 forms, as well as providing the related signature pages. If the legal team requires you to review any portion of the I-129, they will delegate those portions of the form to you.
For any dependents of a non-immigrant visa filing (H-4, L-2, TD, etc.), the legal team will prepare the G-28 and I-539 for the primary applicant. If there are multiple applicant (multiple children), the legal team will also prepare the I-539A for each additional applicant. You will be able to review and approve each of the drafted forms, and the legal team will also require signature pages mailed to us.
Each green card applicant will need to sign and send a G-28, I-485, and I-944 at minimum (the legal team may request additional forms based on whether the case is filed with Work and Travel, or if the I-485J is needed). You will be able to review and approve each of the drafted forms, and the legal team will also require signature pages mailed to us.
Please note that each applicant should sign the related forms drafted on their behalf for each case. A parent can sign on behalf of any dependent (child) under the age of 14. Detailed instructions regarding the signature pages are included within each signature page document.
What is the form I-944?
The I-944 is only required for the Adjustment of Status (I-485) green card filing. This will be a separate case opened in your Envoy account in addition to the I-485.
The I-944 ‘Declaration of Self-Sufficiency‘ is a form that USCIS released with the Public Charge update. This form gathers the information USCIS needs to assess and determine the likelihood someone is or will become a public charge. If an I-944 case is opened in your account, we encourage you to utilize the help-text provided within each section for context on exactly what information the legal team needs to comply with the USCIS update.
I do not see an I-944 case opened, what are the next steps?
If an I-944 case has not been opened in your Envoy account, then Envoy’s Customer Experience team will work with you and the legal team on the details to open the I-944 case. When an I-944 case is opened in your Envoy account, you will receive an email notification from noreply@envoyglobal.com to let you know that you can begin working on the questionnaire and uploading any applicable documents.
Can I file the I-944 on my own?
It is not required for the legal team to prepare and file the I-485 and the associated supplements, however both the I-485 and I-944 cases must be opened in your Envoy account if you would like the legal team’s assistance in filing the I-485. Please know that the legal team is unable to assist with cases that they have not prepared.
For more information on filing the I-485, USCIS has more details here: https://www.uscis.gov/i-485
Envoy is pleased to provide you this information, which was prepared in collaboration with Susannah Nichols, who is a Managing Attorney at Global Immigration Associates, P.C. (www.giafirm.com), one of the two U.S. Law Firms who provide services through the Envoy Platform.
Content in this publication is not intended as legal advice, nor should it be relied on as such. For additional information on the issues discussed, consult an attorney at one of the two U.S. Law Firms who provide services through the Envoy Platform or another qualified professional.